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1. Definition

In these terms of business: Kiwi Auctions Limited is referred to as ‘KA’.
The KA representative conducting the auction is referred to as the ‘auctioneer’.

2. Condition Reports

We make every effort to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot, whether or not such a statement forms part of the description of any such lot.
Any statement made orally or in the catalogue is an opinion given after careful consideration and research. Written condition reports are available upon request for buyers unable to attend viewing in person. When bidding, you acknowledge that you are fully satisfied as to the attribution and condition of the lot.

3. Third Party Liability

Every person on KA premises before, during or after a sale shall be deemed to be there at their own risk and shall have no claim against KA in respect of any injury they may sustain or any accident which may occur.

4. Disputes

Any dispute not covered in these terms of business will be settled at the sole discretion of KA.

5. The Seller

A. KA sell as agents for the seller (Vendor).
B. KA reserve the right to fix a reserve price for any lot.
C. Payment we aim to pay you no later than 28 working days after the auction.
We do not pay interest on the period between your buyer’s payment and your receipt of the payment. We act as agents and cannot be held responsible if your buyer does not pay. We cannot pay you until we have received cleared funds.

6. The Buyer

The highest bidder acknowledged as such by the auctioneer will be the buyer. If any dispute arises, the auctioneer has absolute discretion to settle the matter. The auctioneer rules the bidding and bids cannot be retracted. The auctioneer reserves the right to refuse any bid. The successful bidder, whether bidding for himself or for a third party, is entirely responsible for paying for the lots they have bought in accordance with KA terms of business. The auctioneer reserves the right to bid on behalf of the vendors for any lot and to withdraw, consolidate or divide any lot or lots.

7. Registration

Prospective buyers need to register with us, giving their full name, address, contact telephone number(s) and email address. First time buyers will be required to provide proof of identity (i.e. driving license/passport), a valid debit or credit card. Upon receipt of the above a buyer number will be issued, which is only valid for the current sale. This card may be used to indicate your bids to the Auctioneer during the sale. If successful, the bidder must ensure that their number can be seen by the Auctioneer and that it is their number that is called out. Should there be any doubts as to price or buyer, please draw the Auctioneer’s attention to it immediately.

8. Buyer’s Premium

You will pay a premium of 15% plus GST on the hammer price of your purchase on each lot. GST is calculated at the rates that apply on the day of the auction.

9. Payment

Buyers must pay in full before their purchases can be released to them.
Payment Methods, we accept payment by:
Cash EFTPOS
Credit Card Visa & Mastercard only 3% Surcharge
Bank transfer to Kiwi Auctions Ltd, Account no. – 03 0823 0044485 00, Account name- Kiwi Auctions Ltd

10. Internet Bidding

Live online bidding at selected auctions is now available, please see website for details

11. Ownership of Purchases

Ownership of lot(s) purchased will not pass to the buyer until they have paid KA in full and KA has applied the payment to the lot.

12. Transfer of Risk

Each lot is the buyer’s sole responsibility from the fall of the hammer and is sold with all faults and imperfections. KA is not responsible for the correct description, genuineness or authenticity of any lot and makes no warranty whatsoever. The buyer is deemed to have inspected each lot and satisfied himself as to its condition. Written condition reports are available upon request for buyers unable to attend viewing in person. We are unable to offer comprehensive condition reports on low value lots comprising multiple items. Refunds cannot be given with regards to condition on items purchased by buyers who have viewed their purchased lots. Refunds will only be considered if a written condition report has been issued and the description of condition is not as described.

13. Commission Absentee Bids

If instructed, KA will execute bids and advise prospective buyers.
Buyers who cannot come to a sale may leave their bid with our staff after viewing or make their bid in advance by telephone or email. Such bids are placed at the buyer’s own risk.
Bids must be made at least one hour before the sale starts, and we advise buyers to make bids within one hour of the close of the view day.

When making bids, buyers must provide:
– Their full name
– Address
– Email address
– Contact telephone numbers
– The number of the lot they wish to buy
– Their maximum bid amount – excluding commission which will be added to the invoice afterwards.

We will ensure that lots are bought as cheaply as possible depending on the bids made and other reserves. If identical bids are placed, the person who bid first will take precedence.

14. Telephone Bids

Requests for telephone bidding must be registered one hour prior to the close of the view day. Lines are booked on a first come first served basis. Full name, address and telephone numbers will be required together with proof of identity and address. Bank and credit/debit card details are also necessary.

15. Absentee Bidding

Whilst every effort is made to execute absentee bidding, KA cannot be held responsible for any default or neglect in connection with this service. All such arrangements are made entirely at the prospective buyer’s risk.